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Posted

Hello everyone,

I am American living in the US, my wife is French living in France. We applied for the CR1 visa and I am anticipating having to fill out the I-846.

Here is my situation:
I am unemployed so I will need a joint sponsor. I would like to use my brother as a joint sponsor since he makes above the income requirements. My brother and I both live under my parents address still (with both parents). How will this affect household size when filing out the form? Do I have to include my parents when filing out the I-864, even if I am just using my brother as a joint sponsor?

Hope that made sense. Thank you!

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

no, not unless they are or his dependents on the taxes

 

if you or your brother didn't declare them as dependents on your taxes, then they don't count. they aren't part of the household size

 

 

  • 3 weeks later...
Posted

I am a US citizen, my wife is French. I am filing an I864 but I do not meet the income requirements so I will have my brother file for me. We have the same address but file our taxes independently from one another.

My question:
Does he fill out the I864 or I864A?!?
 

Posted
12 minutes ago, Vin007 said:

I am a US citizen, my wife is French. I am filing an I864 but I do not meet the income requirements so I will have my brother file for me. We have the same address but file our taxes independently from one another.

My question:
Does he fill out the I864 or I864A?!?
 

If both reside in the same home adress then the I864A 

Posted (edited)

If you live under your parents house for the past 6 months, then your parents qualify as household members, therefore, you can use your parent's on i-864a forms. If your brother's income is sufficient enough to sponsor your wife, then yes, you and your brother BOTH, fill out separate i-864. 

 

If you're going only with Joint Sponsor, then you don't need to file i-864a, form i-864a is only for household members combined income. 

 

Quote

Who May Be Considered a Household Member for Purposes of Form I-864A?
For purposes of this contract, a household member is:
1. A U.S. citizen, lawful permanent resident, or U.S. national relative who has the same principal residence as the
sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;
2. A U.S. citizen, lawful permanent resident, or U.S. national relative or other person whom the sponsor has lawfully
claimed as a dependent on the sponsor’s most recent Federal income tax return even if that person does not live at the
same residence as the sponsor; or
3. The intending immigrant, in certain circumstances. (See the How Can the Intending Immigrant Be Considered a
Household Member section of these Instructions.)

 

Edited by DeanVan
Filed: Other Country: China
Timeline
Posted
19 hours ago, Vin007 said:

Okay thank you.
And just to be clear, my brother and I will both file I-864 forms. the I-864A is not necessary?

That is correct.  Not even YOU are part of your brother's household in this context.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

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  • 3 months later...
Filed: Other Country: China
Timeline
Posted
On 12/27/2017 at 12:02 PM, Vin007 said:

Okay thank you.
And just to be clear, my brother and I will both file I-864 forms. the I-864A is not necessary?

Not unless your brother is married filing taxes jointly with his spouse.  

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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