Jump to content

I864 vs I864A (Individual Joint Sponsor or Combined Household Member Sponsor? )

1 post in this topic

Recommended Posts

Currently I have filed all relative petition documentation for my foreign spouse and I have been waiting on submitting NVC documentation so I could file for 2016. I'm getting ready to file and so is my brother (who has agreed to sponsor my spouse) and we currently reside in the same residence. Now the reason I waited to file was I lived overseas for part of 2015 and had limited income and my brother made around 37K however put his girlfriends 4 dependents on his tax return. So if I were to submit the affidavit in the end of 2016, he wouldn't have met the poverty level requirement with my spouse as a added household member. So for 2016 they are no longer living together and these kids are not going to be filed on the tax return. 


Financial Details - 


Me (Petitioner) have worked since April of 2016 (10 months) had earnings from January (Was unemployed for 2 months) for a total AGI for - 21,000. However income from employment was 19,000. (1 thousand from Unemployment). 


- 18,000 was from my current job (8 months working so about 2500 a month) 

- 1,000 Other Job. 


My Brother has been working past 4 years and his income is 37,000 AGI for 2016. 2015 Was the same 37,000. 



So my brother is thinking as adding our father as a dependent on his return it will less his tax burden. That would bring the total household size if he were to sponser my spouse to 3. (Himself, Spouse, and my father) His 37,000 is well above the poverty level for that size. However my income wouldn't be included. Also I do have a son and does that have to be included in his household size of the I-864 for my spouse? Our son is a US citizen but currently lives with her. 


After more research there was an option to combine household (#7). 


So primary question, seperate I-864 for the both of us or should I do a I-864 with a I-864A with my brother? 


As I understand it, we can combine income, as I made 20(ish) and he made 37(ish) that is 57(ish). However only income that I am missing would need to be consolidated with mine to maintain 120% poverty level, correct? So the household size of Me, Spouse, and Child would need to be met?  Which would be $25,525. Yes my father lives with us, but I do not claim him as a dependent. If I went that route, the household size per the I-864 (With I-864A) would be 4 (My Spouse, Me, Child, and my Sibling who I am combing income with) So my household size would be 4 on the I-864. And the combined income would have to meet  $30,750. So combining income would have to meet the 30,000, correct? Which would only be an additional 10,000 from his income.


If he were to do a separate I-864 the household size would be 3 people. (Himself, my spouse, and father). 125% of poverty level would be 25,000. He made 37,000.


Which route should I go? What would be better? And better chance of getting approved? Thanks.   


Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.