I-864 too soon to fill it out?

[Mr&Mrs G. 903]

My wife and I are heading over to the US for a holiday around the end of this month and plan to stay for Thanksgiving and Christmas with her family. Our plan is to set up bank accounts and get my wife's driving licence all to prove intent to domicile, she has already registered to vote at her parents address where we will initially live. 

 

Because my wife has lived in Ireland for 13 years her income counts as zero and we need a co-sponsor which will be her parents. So a few of questions if you guys don't mind helping.

 

So one I-864 that my wife fills in and a second one for the co-sponsor, is the co-sponsor form filled in by both her parents? I believe they file taxes jointly.

 

Secondly, I hope for my NOA2 sometime in December if not January allowing for it to get to NVC they would not be requesting I-864 until possibly March or April. Part of our trip to the US is to help get the co-sponsor form filled in but if we do it in December will that be too soon and would they accept the form with a date a few months earlier?

 

Assuming the above is acceptable what would happen if the I-864 is not requested until April which I believe is the end of the current tax year so would the I-864 completed in December then missing a years tax filings?  

 

Thanks in advance for the guidance.

[Suss&Camm 2,213]

8 minutes ago, Mr&Mrs G. said:

My wife and I are heading over to the US for a holiday around the end of this month and plan to stay for Thanksgiving and Christmas with her family. Our plan is to set up bank accounts and get my wife's driving licence all to prove intent to domicile, she has already registered to vote at her parents address where we will initially live. 

 

Because my wife has lived in Ireland for 13 years her income counts as zero and we need a co-sponsor which will be her parents. So a few of questions if you guys don't mind helping.

 

So one I-864 that my wife fills in and a second one for the co-sponsor, is the co-sponsor form filled in by both her parents? I believe they file taxes jointly.

If you want to count both their incomes (parents) one fills out an i864 and one an i864a. If one parent is enough then just the i864. Yes wife also fills one. 

Quote

Secondly, I hope for my NOA2 sometime in December if not January allowing for it to get to NVC they would not be requesting I-864 until possibly March or April. Part of our trip to the US is to help get the co-sponsor form filled in but if we do it in December will that be too soon and would they accept the form with a date a few months earlier?

It should be as recent as possible (rule of thumb NMT 30 days if possible) - not saying that's a definite, just recomnendation. Especially in that season since taxes could have been filed b4 your filing. You might get rfe'd for 2017 taxes.

Quote

Assuming the above is acceptable what would happen if the I-864 is not requested until April which I believe is the end of the current tax year so would the I-864 completed in December then missing a years tax filings?  

As said possibly yes.

Quote

Thanks in advance for the guidance.

 

Edited October 14, 2017 by Suss&Camm

[KULtoATL 1,551]

6 minutes ago, Mr&Mrs G. said:

My wife and I are heading over to the US for a holiday around the end of this month and plan to stay for Thanksgiving and Christmas with her family. Our plan is to set up bank accounts and get my wife's driving licence all to prove intent to domicile, she has already registered to vote at her parents address where we will initially live. 

 

Because my wife has lived in Ireland for 13 years her income counts as zero and we need a co-sponsor which will be her parents. So a few of questions if you guys don't mind helping.

 

So one I-864 that my wife fills in and a second one for the co-sponsor, is the co-sponsor form filled in by both her parents? I believe they file taxes jointly.

 

Secondly, I hope for my NOA2 sometime in December if not January allowing for it to get to NVC they would not be requesting I-864 until possibly March or April. Part of our trip to the US is to help get the co-sponsor form filled in but if we do it in December will that be too soon and would they accept the form with a date a few months earlier?

 

Assuming the above is acceptable what would happen if the I-864 is not requested until April which I believe is the end of the current tax year so would the I-864 completed in December then missing a years tax filings?  

 

Thanks in advance for the guidance.

One parent would complete I-864 while the other would complete I-864A.

 

Honestly, I'd say it's too early. Perhaps complete a draft together with her parents during the visit. And then when it's closer to your interview time, they can refer to the draft to complete a fresh new form, sign and date them.

[Mr&Mrs G. 903]

1 minute ago, Suss&Camm said:

If you want to count both their incomes (parents) one fills out an i864 and one an i864a. If one parent is enough then just the i864. Yes wife also fills one. 

Due to joint property holdings it my understanding they file jointly, so not to include both could get me an RFE?

1 minute ago, Suss&Camm said:

It shold be as recent as possible (rule of thumb NMT 30 days if possible) - not saying that's a definite, just recomnendation. Especially in that season since taxes could have been filed b4 your filing. You might get rfe'd for 2017 taxes.

As said possibly yes.

If we fill it out on the computer and just don't date the form and wait for the request. Assuming it is March then the December I-864 would just need to be dated and signed? If not we would just need add 2017 filings or bring them to interview?

1 minute ago, Suss&Camm said:

 

Thank you for the guidance it is much appreciated.

[Mr&Mrs G. 903]

2 minutes ago, KULtoATL said:

One parent would complete I-864 while the other would complete I-864A.

 

Honestly, I'd say it's too early. Perhaps complete a draft together with her parents during the visit. And then when it's closer to your interview time, they can refer to the draft to complete a fresh new form, sign and date them.

Thank you for your help.

 

We just wanted to help my wife's parents through the process of filling the form in, it seems to be the only daunting form in the whole application process.  

[Suss&Camm 2,213]

4 minutes ago, Mr&Mrs G. said:

Due to joint property holdings it my understanding they file jointly, so not to include both could get me an RFE?

If we fill it out on the computer and just don't date the form and wait for the request. Assuming it is March then the December I-864 would just need to be dated and signed? If not we would just need add 2017 filings or bring them to interview?

Thank you for the guidance it is much appreciated.

No not an rfe unless the one income alone doesn't meet the guidelines.

 

I'm not sure I understand you. You have to date and sign it before sending of course. But you could just add the most recent tax info before sending it off and have them sign and send it to you. If they file at beginning of tax season the transcript should be available for download before you file. 

[Mr&Mrs G. 903]

Just now, Suss&Camm said:

No not an rfe unless the one income alone doesn't meet the guidelines.

 

I'm not sure I understand you. You have to date and sign it before sending of course. But you could just add the most recent tax info before sending it off and have them sign and send it to you. If they file at beginning of tax season the transcript should be available for download before you file. 

Excellent just the information we needed 

[pushbrk 13,616]

Best practice for a joint sponsor filing joint tax returns with their spouse is to include an I-864 from the higher earning spouse and an I-864a from the other spouse whether they have income or not, or whether it is needed.  It's quite common for Consular Officers to ask for this if it is not provided, so best to provide it up front.

 

Yes, it is too soon to complete the I-864 and I-864a from the joint sponsor and spouse, because the statements about past and present income as well as the supporting documentation need to be current when submitted.