Household member / Joint Sponsor I-864 vs I-864A

[josh9334 0]

Hey there.

I am a k1 visa holder who was married last month. I live with my wife and her parents in the same household, and am currently in the process of putting together my AoS documents.

I'm reaching a bit of an impass with the I-864. My wife is a student working a couple of part-time jobs, so the income on her I-864 does not meet the poverty requirements. Her father (her mother does not work, and the two file taxes together) has agreed to give the necessary support, as he earns well over the poverty line. After an hour of searching, the consensus seems to be that my father-in-law should be filing a second I-864, with supporting evidence. This is simple enough.

What is worrying me is the wording of the USCIS:

If the individual who filed the visa petitioner or a substitute sponsor signs this form, but is unable to meet the financial requirements, another individual must also sign a separate form as a joint sponsor to meet the financial requirements.

My father-in-law fits the criteria of being this 'other individual', so he needs to fill 'a separate form as a joint sponsor'. However, USCIS also states:

You must provide the name, relationship and current income of any other household member whose income will be considered to support the principal immigrant and any family members listed in Part 3.

These household members must share the same principal residence as the financial sponsor, and must also complete Form I-864A, Contract Between Sponsor and Household Member.

Again, my father-in-law fits the criteria of being a 'household member' who is 'supporting the principal immigrant' so why would he not be listed on my wife's I-864 as filling in an I-864A? Does he do both? Can he do either? Are there benefits to doing one over the other?

Likewise, if my father-in-law does just do a second I-864, is my wife simply to give incorrect information when her own I-864 that mentions 'household size' or 'total income for the household'? Every Part that asks for this information leads to needing an I-864A. I would really rather follow the instructions on the form to the best of my ability.

Thanks in advance.

Edited May 2, 2016 by josh9334

[Nich-Nick 3,354]

Best way, in my opinion--

Wife does an I-864. She does not list any household members who she will add to her I-864 as contributing income with her. Her household is herself and the immigrant.

Dad does his own I-864. He does not list your wife as a household member whose income he needs to qualify. Because he files a joint tax return, he must clearly show his own separate income with additional documentation beside his tax return. The joint tax return by itself does not indicate who earned the money. It is all lumped together. Since Mom is the joint person on the tax return, she can do an I-864A as his household member just to sign off as the other half of the tax return. Yeah, I know it is confusing but sometimes that is a more sure way to indicate that both parties of a joint tax return are signing their agreement to sponsor. An employer letter and pay stubs showing he earns enough should prove he qualifies on his own, but an I-864a from Mom is another "just in case" layer.

[Nich-Nick 3,354]

Additional answer--

Your wife could add Dad and Mom as contributors on her I-864 and submit additional documentation showing same address and that they are related but it's cleaner the other way.

Lumping together like that is generally for when nobody qualifies on their own so they are allowed to pool their monies. An example of needing $25 000:

Wife makes $5,000, Dad makes $15,000, Grandma makes $10,000. Nobody qualifies. BUT if they all live in the same house and are related, they can all get on wife's form and pool their income to make $30,000 and qualify as a group effort. Dad and grandma would have to do I-864A forms in this example.

With your wife's Dad making enough to qualify, he can just do his very own I-864.

Edited May 2, 2016 by Nich-Nick

[josh9334 0]

I was just beginning to see online that the 864A is more for people 'pooling' money, but I don't see anything from USCIS that really confirms that, or states which route to take in a given situation.

So, given your first answer, mom's 864A would list the same federal income tax info as on dad's 864, but confirm that she didn't 'earn' it by showing her status as unemployed?

That could be done with a signed statement of unemployment, could it not? Or is that too messy?

And the second scenario (listing mom and dad as contributors) - would that involve an 864A from mom and dad each?

Thank you very much for your help.

[KayDeeCee 4,893]

I was just beginning to see online that the 864A is more for people 'pooling' money, but I don't see anything from USCIS that really confirms that, or states which route to take in a given situation.

So, given your first answer, mom's 864A would list the same federal income tax info as on dad's 864, but confirm that she didn't 'earn' it by showing her status as unemployed?

That could be done with a signed statement of unemployment, could it not? Or is that too messy?

And the second scenario (listing mom and dad as contributors) - would that involve an 864A from mom and dad each?

Thank you very much for your help.

If your wife has some income to combine with the dad's, then either choosing to have him be the joint sponsor or a qualified household member will work.

If you choose to go the qualified household member route, the mom would not provide an I-864A or be listed on your wife's I-864 because she has no income to contribute. Only the dad would be listed and provide an I-864A.

It states the purpose of the I-864A in the form instructions >https://www.uscis.gov/sites/default/files/files/form/i-864ainstr.pdf

Form I-864A, Contract Between Sponsor and Household Member, is an attachment to Form I-864, Affidavit of Support

Under Section 213A of the INA. A separate Form I-864A must be used for each household member whose income

and/or assets are being used by a sponsor to qualify. Each Form I-864A is completed and signed by two individuals: a

sponsor who is completing Form I-864 and a household member who is promising to make his or her income

and/or assets available to the sponsor to help support the sponsored immigrants. The combined signing of this contract

constitutes an agreement that the household member is responsible along with the sponsor for the support of the

individuals named in this contract.

This contract must be submitted with Form I-864.

Form I-864A may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864

and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor

to meet the requirements. The obligations of the household member under this contract terminate when the obligations of

the sponsor under the Affidavit of Support terminate.

[newacct 688]

First, your wife has the option of counting her parents in her household size, but it's not required. If she counts her parents in her household size, it would be under Part 6 #7, which is clearly marked as optional.

Second, even if someone is included in the household size, that does not mean that you have to count their income as part of the household income, and have them fill out I-864A. (For example, sometimes a joint sponsor will have a spouse, who must be counted in the household size, but the sponsor doesn't have to include the spouse's income if their own income is enough, and in that case the spouse doesn't have to fill out I-864A.)

So there is no problem with not including them on your wife's I-864.

[Nich-Nick 3,354]

I was just beginning to see online that the 864A is more for people 'pooling' money, but I don't see anything from USCIS that really confirms that, or states which route to take in a given situation.

You can choose either route. I just said my opinion is Dad do a separate I-864.

So, given your first answer, mom's 864A would list the same federal income tax info as on dad's 864, but confirm that she didn't 'earn' it by showing her status as unemployed?

That could be done with a signed statement of unemployment, could it not? Or is that too messy?

Look at the form I-864A

Part 2 "My current individual annual income is:". She doesn't work. The answer is zero. She doesn't have to prove zero. Part 3. "My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:" It's exactly copied off the joint return, so yes the tax lines will be the same as Dad because their return is the same....joint.

But she doesn't really have to do an I-864A if he proves his separate income ...I mean documents it other than saying "well they ought to be able to tell from my W2 that I actually earn all this money". Don't assume USCIS will figure something out. Provide an employer letter for example and six months of pay stubs. I just suggested that sometimes people with joint returns will throw in the I-864A of the other one on the return.

And the second scenario (listing mom and dad as contributors) - would that involve an 864A from mom and dad each?

Just like I explained above, the tax return is joint. It does not prove all of it is Dad's income. He can clearly provide additional documentation of his Income, or Mom can sign off as well just as a guard against RFE. Mom is really optional in either scenario. I personally would skip Mom in either version, but I would hit them in the face with documentation of Dad's separate salary and include a statement explaining (right before the documentation)..but I tend to over-explain everything. I tend to connect the dots for USCIS.

Remember the parent must prove their U.S. citizenship in either scenario. If pooling income scenario, present documents showing same address and that they are related. The instructions say "Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. " Don't assume they take your word for it. Provide documents to show them. If doing the Dad separate form, then you don't have to document related or same address

Edited May 2, 2016 by Nich-Nick