very confused

[StephanieM 60]

Hi,

I am filing out form I864 on behalf of my husband. He is petitioning for his parents, both mother and father. They plan to immigrate together.

I thought I had been told (by someone here) that both his mother and father EACH need a separate I864 form filed. His parents are legally married. BUT, in part 3, item 2 of the instructions it says the following: the immigrant you are sponsoring may bring a spouse and/or children to the united states. If the spouse and/or children will travel with the immigrant, or within six months of the immigrant's entry into the united states and you are sponsoring them, you should list the names and other requested information in the spaces provided.

So if I am reading that correctly then I can include both of them in ONE I864 form and not have to fill out one form for each. Is that correct? Based on what the instructions say that seems to be the case,

Also, I, my husband wife, will be acting a joint sponsor, so in that case, do I only need to fill out ONE I864A form where I can include both his mother and father (the intending immigrants).

Please help? Someone that has done this recently or is sure of their answer.

[EM_Vandaveer 2,369]

Separate petitions. They are not bringing each other. Your husband is bringing each of them. Separate I-864 for each of them. You fill out separate I-864As for each of them.

Note:

Each of these petitions are immediate relative petitions. They don't allow derivatives so the red part does NOT apply.

Edited September 23, 2016 by EM_Vandaveer

[StephanieM 60]

Separate petitions. They are not bringing each other. Your husband is bringing each of them. Separate I-864 for each of them. You fill out separate I-864As for each of them.

I just don't get why or how that makes any sense based on the instructions? Why is it so confusing? The instructions even say if you are sponsoring this other immigrant to include them in the same form.

I dont distrust what anyone tells me here but I wish the instructions were not contradicting that one form is needed for each.

[EM_Vandaveer 2,369]

Each of these petitions are immediate relative petitions. They don't allow derivatives so the red part does NOT apply.

I-864 is used for different petitions as well. For example if it was for a sibling of a USC, they are allowed to bring their spouse and under-21 children, it would apply to them.

Edited September 23, 2016 by EM_Vandaveer

[StephanieM 60]

Each of these petitions are immediate relative petitions. They don't allow derivatives so the red part does NOT apply.

I-864 is used for different petitions as well. For example if it was for a sibling of a USC, they are allowed to bring their spouse and under-21 children, it would apply to them.

Got it. OK makes sense. Thanks so much!!

[KayDeeCee 4,891]

They each require their own separate visa petition. You had to file an I-130 for each of them separately. That means each of them needs their own separate I-864 as well. The instructions could be a tad more clear about it, but the form itself is quite clear.

Each one has their own I-864 to go along with their I-130 petition. They will not be listed or counted on each other's I-864 under family members or household size.

From the I-864 form itself on Part 3 #2 >

I am sponsoring the following family members
immigrating at the same time or within 6 months of
the principal immigrant named in Part 2. (Do not
include any relative listed on a separate visa petition.)

From the I-864 form instructions >

Item Number 2. Family Members. The immigrant you are sponsoring may bring a spouse and/or children to the United
States. If the spouse and/or children will travel with the immigrant, or within six months of the immigrant’s entry into
the United States and you are sponsoring them, you should list the names and other requested information in the spaces
provided. If any dependents are not immigrating, will immigrate more than six months after the sponsored immigrant
arrives in the United States, or you are not sponsoring them, do not list their names here. A separate Form I-864 is
required for them when they apply for their immigrant visas.

And just to clear something up: you are not being the joint sponsor. You are being a qualified household member of the sponsor filling out the I-864 and providing an I-864A(Contract Between Sponsor and Household Member) to allow your income to be combined with theirs on their I-864. A joint sponsor would fill out their own separate I-864, not an I-864A.

[EM_Vandaveer 2,369]

You're welcome.

One more source:

From this link:

https://cliniclegal.org/resources/five-most-common-mistakes-completing-i-864

"The other thing to keep in mind is that you do not have to count as part of the household size anyone for whom you filed a separate I-130 petition. While you have to count them if they have already immigrated based on an I-864 you filed, you do not have to count them if they are immigrating together with the person you filed a separate petition. For example, if I am a U.S. citizen over 21 and I petitioned for both my parents, I only have to count the intending immigrant on whose behalf I am filing the I-864. So when completing the I-864 for my mother, my household size is two (assuming I am single and have no children). And when completing the I-864 for my father, who is immigrating with my mother, my household size is still two. This tends to confuse a lot of practitioners."

[StephanieM 60]

They each require their own separate visa petition. You had to file an I-130 for each of them separately. That means each of them needs their own separate I-864 as well. The instructions could be a tad more clear about it, but the form itself is quite clear.

Each one has their own I-864 to go along with their I-130 petition. They will not be listed or counted on each other's I-864 under family members or household size.

From the I-864 form itself on Part 3 #2 >

I am sponsoring the following family members

immigrating at the same time or within 6 months of

the principal immigrant named in Part 2. (Do not

include any relative listed on a separate visa petition.)

From the I-864 form instructions >

Item Number 2. Family Members. The immigrant you are sponsoring may bring a spouse and/or children to the United

States. If the spouse and/or children will travel with the immigrant, or within six months of the immigrant’s entry into

the United States and you are sponsoring them, you should list the names and other requested information in the spaces

provided. If any dependents are not immigrating, will immigrate more than six months after the sponsored immigrant

arrives in the United States, or you are not sponsoring them, do not list their names here. A separate Form I-864 is

required for them when they apply for their immigrant visas.

And just to clear something up: you are not being the joint sponsor. You are being a qualified household member of the sponsor filling out the I-864 and providing an I-864A(Contract Between Sponsor and Household Member) to allow your income to be combined with theirs on their I-864. A joint sponsor would fill out their own separate I-864, not an I-864A.

Thanks again! I appreciate you breaking it down.