I-864 and I-864A confusion

[kiandi 1]

Hi all,

We are currently at the AOS stage of the visa. This is our situation:

• I am the US citizen currently petitioning for my husband's green card.
• He is currently living in Australia and I am living in the US with my parents who are retired (I recently moved back from Australia).
• I am unemployed (and have been since 2010), and so my parents (specifically my Dad) have agreed to be joint sponsor.
• There are just 3 of us in the household (my Mom, Dad and myself) where my husband will be joining us should he be approved.
• Both of my retired parents file joint tax returns as both of their income streams are combined.

So what I thought I needed to do was file an I-864 for myself (even though I don't have an income), and my Dad - as joint sponsor (as he makes slightly more than my Mom) would also file an I-864, and my Mom would file an I-864A.

But from the questions (particularly the one about Sponsor's Household Size), it seems to indicate that I have to file an I-864, but BOTH my parents file an I-864A.

Also the question 16 in Part 6 (Sponsor's Employment and Income) says : "The people listed in Item Numbers 3, 6, 9 and 12 have completed Form I-864A. I am filing along with this affidavit all necessary Form I-864As completed by these people" - this also seems to suggest both my parents do an I-864A.

This is so confusing.

Any help for clarification would be much appreciated.

Thanks,

Kiandi

Edited June 12, 2016 by kiandi

[Gargalmon22 12]

Honestly I dont know about the retirement. But if your dad makes more than your ma and more than 125% of the poverty level. Then you fill up the I 864 and your dad fills up I 864A. your mother need to do nothing even if they file taxes jointly. This was my case and I did this too was super confused.

Never count anyone twice.

Hope this helps. all the best.

[Raccoon_CA 5]

Will try to break it down for you, hopefully this makes sense:

>> You are the Main Sponsor and need to submit Form I-864;
>> Each Joint Sponsor and Household Member has to submit their own Form I-864A.

>> Your dad is the Joint Sponsor and needs to submit Form I-864A;
>> Because your dad and your mom file their taxes jointly, your mom is considered a Household Member, and therefore needs to submit her own Form I-864A to sign off on your dad being the joint sponsor;

>> Any other person listed on your parents' tax return as a dependent is also considered a Household Member and must submit their own Form I-864A.
>> Any person submitting a Form I-864A must be mentioned in your Form I-864.

Hope it helps.

[KayDeeCee 4,891]

The above post is incorrect. A joint sponsor files an I-864, not an I-864A. A qualifying household member files an I-864A. Also, filing an I-864A as a household member is optional, and not a must.

OP> You can have them both fill out I-864A forms to go along with your I-864, but you have no income for them to combine theirs with. However, just because you reside together does not mean they must fill out the I-864A as a household member instead of an I-864 to be a joint sponsor.

The way you were going to do it is the way I suggest. You file your I-864, and then your dad is your joint sponsor and files his own separate I-864. Your mom files an I-864A to go along with her husband's I-864. Their incomes will be combined on his I-864 for his annual household income. His household size will be himself, his wife, any minor kids, any other dependents claimed on his taxes, any other person's he is currently sponsoring via an I-864, plus the intending immigrant. So, if it is just your dad and mom and they claim no dependents, then their household size would be 3, them plus your husband. Your household size on your I-864 would be 2, if you have no other dependents, you and your husband.

[kiandi 1]

Thanks everyone for your assistance in clearing up the confusion. I think I understand what to do now.

Just a further question on the I-864 forms - we have the option of submitting them electronically - so if you fill the forms in electronically, how to do you sign the forms? Thanks.

[Gargalmon22 12]

Thanks everyone for your assistance in clearing up the confusion. I think I understand what to do now.

Just a further question on the I-864 forms - we have the option of submitting them electronically - so if you fill the forms in electronically, how to do you sign the forms? Thanks.

well you can ask all of your related NVC query in this link http://www.visajourney.com/forums/topic/597784-nvc-filers-june-2016/page-23#entry8181495

hopefully the link works. Its the NVC June 2016 filer forum.