I-864 questions (merged topics)

[JusticeWarrior67 3]

I'm helping my wife who's a U.S citizen to fill out the I-864 form. She's a full time student and barely makes any money. Her parents, however, are willing to help, they both work and make about 85 thousand a year. She chose her dad to be a joint sponsor, but as i was plugging the info of his tax returns into the form, I noticed that my wife's parents are sponsoring 4 persons all together (my wife, her brother, and 2 other nephews + me) it would be 6 people all together.

My question is: her parents file a joint tax return, does it mean that i should check the box on the I-864 form where it says "if you're currently married, enter 1 for your spouse"? even though they both file their taxes?

on her dad's W-2, I see that he makes about 44 thousand a year. Giving that information, would he meet the 125% poverty lines required to add me as a dependent?

Can I use bank deposit sheets as a pay stub to show how many he made recently?

[Ryan H 3,857]

Let's sort out the semantics first. Are your in-laws claiming the following people on their taxes as dependents (they aren't sponsoring them):

• your wife
• your brother in-law
• their two nephews

If they are claiming them as dependents, then their household count including you would be 7. If they are not claiming any of the above on their taxes, then subtract from the household size accordingly.

Furthermore, you would not be "added as a dependent," you would be included in the household size. Refer to the I-864P to see what the qualifying figures are for applicable household sizes.

Your father in-law as a joint sponsor would enter a 1 in the spouse box.

All bank deposit sheets show is money being deposited into an account, unless it says where the deposit is coming from, it may not be useful in of itself.

[JusticeWarrior67 3]

Let's sort out the semantics first. Are your in-laws claiming the following people on their taxes as dependents (they aren't sponsoring them):

• your wife
• your brother in-law
• their two nephews

If they are claiming them as dependents, then their household count including you would be 7. If they are not claiming any of the above on their taxes, then subtract from the household size accordingly.

Furthermore, you would not be "added as a dependent," you would be included in the household size. Refer to the I-864P to see what the qualifying figures are for applicable household sizes.

Your father in-law as a joint sponsor would enter a 1 in the spouse box.

All bank deposit sheets show is money being deposited into an account, unless it says where the deposit is coming from, it may not be useful in of itself.

Yes they're indeed claiming them as dependents, which would increase their household size to 7 when including me. Since we're using only her dad as a joint sponsor, and I'm afraid he's not making enough to meet the 125%, can we use his spouse as well? because all together we're making over 80k a year

if I understood correctly, bank deposits that show the amount of money they earn by the company they work for would be okay?

[NikLR 13,232]

Since he has to count his spouse anyhow, having her fill out an i-864a as well to include her income would be helpful yes.

[JusticeWarrior67 3]

before i submit the AOS package to NVC (I-864) i just wanna go over the items I'm supposed to include

that's what i go so far:

Form I-864 signed by the petitioner (sponsor) in this case, my wife

tax return of my wife for the 3 recent years (2015,2014,2013)

her 2015 W-2

3 recent months of her pay stubs

Since she's only working part time because she's a full time student, she's using her parents as joint sponsors

therefore i also included the followings:

Form I-864 signed by the joint sponsor (her dad)

tax return of the joint sponsor for the 3 recent years (2015,2014,2013) - he and his wife file a joint tax return.

his 2015 W-2

3 recent months of his pay stubs

his proof of U.S citizenship (passport)

AND form I-864A for his wife as she also works

the same tax return because they file together

her 2015 W-2

3 recent months of his pay stubs

her proof of U.S citizenship (passport)

* the reason why i decided to include the I-864A is because her dad doesn't make enough to sponsor all of his dependents listed on his tax returns (7 in total including me) but all together they make over 80 thousand a year which is way above what's needed.

Question: do i only need their 2015 W-2 or I also need to include their W-2's of the three recent years?

Please tell me if I'm missing anything!

[aleful 1,905]

hi

you might want to add 2012, if you are going to file before April 18, 2015 isn't required yet, so the most recent tax is 2014

you can send 2015 if you want to, just to be safe, but the 3 years are from 2012-2014, so I would send the W2s

can they get an employment letter? its not mandatory, but the more they have to show enough proof, the better

[NikLR 13,232]

Do not send a w2 without a tax return. You will get a checklist. Hou have ghe tax return already listed?

Send the entire tax return (including w2s a d any schedules) OR the rax return transcript.

[JusticeWarrior67 3]

Hi everybody!! As I was preparing the paperwork of my wife's (petitioner) parents for the AOS package, I noticed that their household size would be 7 with me (beneficiary) which means that they got to make about 45 thousand a year to be be able to support me. So far we're using only her dad as the joint sponsor (he makes about 44 thousand a year) Giving this information, do you guys think it would be enough for NVC to approve our I-864 form? or the additional 1 thousand is really that important?

plus, should my wife's mom who also works but makes a bit more than her dad (by 1 or 2 thousand) need to be the joint sponsor instead of her dad?, or it would make more sense to add her as a household member by also submitting the I-864A and include her income? (together they make about 85 thousand)

What do you guys think? BTW, they file a joint tax return

[IcezMan_IcezLady 582]

From my understanding, correct me, if i'm wrong.

A household size of 7 should make $45,912

Her dad(potential sponsor) makes ~$44000.

And her mum makes more.

If the parents both file taxes together, they can both use their combined household income to sponsor you.

Say mum makes 47K and dad makes 44K both can do it or you can just use mum. However, there are other people included in mum's household size.

My dad filed for me last year. His income alone was enough to sponsor. So on his household size, he included my mum. (no other children in the house).

So if your case if there are 4 kids in the household, then whoever files (parents especially) will have to include that number. So it is best for you to use combined income (I-864a will be required) UNLESS the mum's income alone can cover all 7 household size.

Wait for more comments, I could be wrong but that's my understanding.

[Boiler 47,098]

As far as the amount is concerned you either make it or not.

[NikLR 13,232]

Who are you counting in this household size?

[Ryan H 3,857]

***Multiple threads pertaining to the I-864 merged; please ask all questions you have about this form in this thread.***

[JusticeWarrior67 3]

From my understanding, correct me, if i'm wrong.

A household size of 7 should make $45,912

Her dad(potential sponsor) makes ~$44000.

And her mum makes more.

If the parents both file taxes together, they can both use their combined household income to sponsor you.

Say mum makes 47K and dad makes 44K both can do it or you can just use mum. However, there are other people included in mum's household size.

My dad filed for me last year. His income alone was enough to sponsor. So on his household size, he included my mum. (no other children in the house).

So if your case if there are 4 kids in the household, then whoever files (parents especially) will have to include that number. So it is best for you to use combined income (I-864a will be required) UNLESS the mum's income alone can cover all 7 household size.

Wait for more comments, I could be wrong but that's my understanding.

thanks for replaying! The thing is that they file their tax return jointly since they're married, which means that if she had dependents, it would show on the tax return transcript. For what I've seen so far is that their total income (calculating her salary and his) is about 85 thousand a year which is way above what's required for a household size of 7) I don't know exactly how much her mom makes, it might be more by just a thousand or two. Therefore, i think it would make more sense to include an I-864A along with her dad's I-864.

Question though: Will we need to gather the same information for her mom too? 2015 W-2, pay stubs etc as we did for her dad?

[JusticeWarrior67 3]

So apparently my and my wife will have to include a separate form I-864A along with the I-864 since her dad who's the joint sponsor makes a bit less than required, so we're thinking that we should include her mom too who also works by submitting an I-864A.

Question though: Does it mean that we should gather the same documents we gathered from her dad (the joint sponsor)?

if they're filling a joint tax return, there is no need to include her mom's tax returns separately right?

[Anh map 2,098]

Correct, Dad will submit an I-864 and mom an I-864a in order to combine incomes.