I-864 questions - no US income...

[Mollusk 2]

Hello,

Was wondering if anyone could answer a few questions I have about the I-864. If answers are elsewhere, please direct me!

In a nutshell: I am the petitioner and my husband is the beneficiary. I have lived in the UK for 15 years and have no US income. My mother (in the US) will be joint sponsor. We will get jobs when we move over there.

My questions:

1. Part 1 – I ticked the box that says I am the petitioner, but should I tick the one instead that says ‘I am one of two joint sponsors’ if my mother is a joint sponsor?

2. Part 3 – I am sponsoring the principal immigrant? Even though I have no US income?

3. Part 5 – Household size – obviously I put my husband (beneficiary) and two kids, but just confirming that I include my mother as she is family member sponsoring?

4. Part 6 – Questions about my employment and income (section 6) – do I put my UK job and income here?

5. Part 6 – "Income you are using from any other person who was counted in your household size" – do I put my mother’s income here as shown on her I-864a?

6. Part 6 – tax return income information. This will show my overseas (UK) income as I have no US income. Do I still include it?

Thanks in advance!

[JFH 12,190]

Just done ours so here's how I see it.

For part 1 you are the petitioner. The joint sponsor is your mother. You don't tick that you are one of two joint sponsors because you are the sponsor, not a joint sponsor. Your mother would tick that if she is combining her income with her husband's income to make two joint sponsors. If she isn't she will tick that she is the only joint sponsor.

Yes, you have to be the sponsor of your spouse even with no income. You still tick that.

Household size you include yourself, the intending immigrant or immigrants (depending on how many are immigrating) and anyone else in your household that you are responsible for. You wouldn't put your mother here as she has her own income, I assume. You only put your mother there if she lives with you and is a dependent (in other words if you are providing for her financially and she has no independent income - since you mention she's a joint sponsor she presumably has an income of some description and is not one if your dependants).

Part 6 - no you can only put UK income there if it will continue from the same source after you return to the USA. So if it's an investment income that will continue or the same employer will be employing you there, put that but not if you are leaving your job in the UK when you move and will lose that source of income.

Your mother's income - I'm confused here with what you're saying, she will not be doing an I-864A. She is not part of your household as she is independent of you. For household they don't mean living under the same roof but they mean household in terms of who you feed and clothe from your income. I-864A would be for your mother's husband if they file joint taxes. She will need a standalone I-864 like you. You don't put her income on yours.

Yes, send your tax returns no matter what they show. They want to see them not to see how much money you made in the UK (as this is irrelevant to the visa process) but to be sure that you have fulfilled your obligation as a US citizen and have filed tax returns correctly for each year.

Edited May 19, 2016 by JFH

[IslandQueen 45]

We were in the same situation. You are the primary sponsor, even with no us income. As long as you have been filing your taxes and have a copy of the tax return or tax transcript, you can attach same to the form. We used a joint sponsor so we ticked "I am the only joint sponsor" on her form and used form I864, not I864a. Add your UK job and income in US dollar value, this should be reflected on the return. Household size can be very confusing. Ensure that you do not count your husband twice. We did not count me where the form ask if my husband was married as I was already counted in the first box.

Edited May 19, 2016 by OneD

[Nich-Nick 3,354]

Was wondering if anyone could answer a few questions I have about the I-864. If answers are elsewhere, please direct me!

In a nutshell: I am the petitioner and my husband is the beneficiary. I have lived in the UK for 15 years and have no US income. My mother (in the US) will be joint sponsor. We will get jobs when we move over there.

My questions:

1. Part 1 I ticked the box that says I am the petitioner, but should I tick the one instead that says I am one of two joint sponsors if my mother is a joint sponsor?

1a the petitioner. Required even with zero income.

2. Part 3 I am sponsoring the principal immigrant? Even though I have no US income?

Yes. Required. Nothing else in Part 3 except #28 total number sponsoring =1

3. Part 5 Household size obviously I put my husband (beneficiary) and two kids, but just confirming that I include my mother as she is family member sponsoring?

Part 5 Household

#1= 1 (the immigrant husband)

#2= 1 (you)

#4= 2 (kids)

#8= 4 total household size

4. Part 6 Questions about my employment and income (section 6) do I put my UK job and income here?

Only if you can prove it will continue from the same source once you live in the US. Otherwise your inome doesn't count for this purpose.

5. Part 6 "Income you are using from any other person who was counted in your household size" do I put my mothers income here as shown on her I-864a?

No. She is going to fill out her own separate I-864 being the only joint sponsor (Part 1, 1d). If she has a husband on a joint tax return, he can be her contributing person living in her house doing an I-864A with her I-864.

6. Part 6 tax return income information. This will show my overseas (UK) income as I have no US income. Do I still include it?

As an American, you have to file a US tax return. You are required to submit your 2015 U.S. tax return. Without that, the visa will not be approved. Additionally, the form asks for Total Income as shown on your US tax return for the past three years (Part 6. 19abc). Copy the numbers from Line 22 of your IRS Form 1040 for 2013, 2014, 2015. Probably zero since you would have taken the Foreign Earned Income Exclusion using IRS form 2555EZ. So basically your UK Income shows, then is subtracted out so Total income is zero. Doesn't matter what your income is because you have a joint sponsor, but you must include your US tax return.

[Mollusk 2]

Thanks, everyone - very helpful.

One more question for now: under part 6, do I say that I am employed and give my UK employer, or say that I am unemployed (as I have no US employer)? Thanks again!