Form I-864 Questions | Household

[808 0]

Hey, everyone. Currently, I have two separate I-130 petitions in the USCIS stage: one for my spouse and one for my stepchild. In preparation for the NVC stage, I've been reading about Form I-864 so that I'll understand how to complete it correctly. I've read the I-864 instructions several times, and I've spent hours searching the VJ forums. However, I still need clarification about my specific situation. 

 

SUMMARY

 

1. I've filed separate I-130 petitions for my spouse and my stepchild, which are both in the USCIS stage.
2. My spouse and I have one biological child together, who was born abroad and lives with my spouse.
3. Our second biological child will be born soon under the same circumstances.
4. Separate CRBA filings will be made for each of our two biological children after the second is born.
5. Our first biological child doesn't have a SSN yet and couldn't be claimed on my 2017 tax return. 
6. I'll use a joint sponsor in order to meet 125% of the poverty guideline for my state.
7. The joint sponsor lives in a different state with a lower poverty guideline.

 

HOUSEHOLD CALCULATIONS

 

According to the instructions, I'm required to file separate I-864 forms for my spouse and my stepchild since I filed separate I-130 petitions for each of them. The following text is from page 4 of Form I-864 followed by my attempt at the household calculations. I've included questions in the calculations where clarification is needed. By the time that I need to submit Form I-864 to the NVC, our second biological child is expected to be born. That's why I've included our second biological child in certain household calculation questions. Please let me know what the correct household calculations should be on each form.

 

FORM I-864 — PAGE 4

 

Part 5. Sponsor's Household Size
NOTE: Do not count any member of your household more than once.

 

Persons you are sponsoring in this affidavit:
1. Provide the number you entered in Part 3., Item Number 28. _____

 

Persons NOT sponsored in this affidavit:

2. Yourself. _____
3. If you are currently married, enter "1" for your spouse. _____
4. If you have dependent children, enter the number here. _____
5. If you have any other dependents, enter the number here. _____
6. If you have sponsored any other persons on Form I-864 or Form I-864 EZ who are now lawful permanent residents, enter the number here. _____
7. OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here. _____
8. Add together Part 5., Item Numbers 1. - 7. and enter the number here. _____

 

FOR SPOUSE

 

PETITIONER FORM I-864
1. — 1 (Spouse Beneficiary)
2. — 1 (Petitioner)
3. — If I enter "1" for my spouse, she would be counted twice since she's the same person being sponsored. Should I enter "0" instead?
4. — Should I enter "3" (stepchild + two biological children) or "0" since none of them could be claimed on my 2017 tax return?
5. — 0
6. — 0
7. — 0
8. — (Depends on the correct answers above.)

 

JOINT SPONSOR FORM I-864
1. — 1 (Petitioner's Spouse Beneficiary)
2. — 1 (Joint Sponsor)
3. — 1 (Joint Sponsor's Spouse)
4. — 0
5. — 0
6. — 0
7. — 0
8. — 3

 

FOR STEPCHILD

 

PETITIONER FORM I-864
1. — 1 (Stepchild Beneficiary)
2. — 1 (Petitioner)
3. — 1 (Petitioner's Spouse)
4. — Should I enter "2" (two biological children) or "0" since none of them could be claimed on my 2017 tax return?
5. — 0
6. — 0
7. — 0
8. — (Depends on the correct answer above.)

 

JOINT SPONSOR FORM I-864
1. — 1 (Petitioner's Stepchild Beneficiary)
2. — 1 (Joint Sponsor)
3. — 1 (Joint Sponsor's Spouse)
4. — 0
5. — 0
6. — 0
7. — 0
8. — 3

 

OTHER QUESTIONS

 

1. My family will live with me in my state of residence, which has a higher poverty guideline than the state where the joint sponsor lives. Which state will the joint sponsor be required to meet the financial requirements for: his state of residence or my state of residence? 

 

2. On page 12 of the I-864 instructions, it states:

 

"If the first joint sponsor completes Form I-864 for some rather than all the family members, a second qualifying joint sponsor will be required to sponsor the remaining family members. There may be no more than two joint sponsors. A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor."

 

It's my understanding that only one joint sponsor is allowed. Does the above instruction allow the possibility for one joint sponsor to sponsor my spouse and a second joint sponsor to sponsor my stepchild? That's not what I intend to do, but I'm wondering if the instructions allows for such scenarios.

Edited February 8, 2018 by 808

[pushbrk 12,154]

1 hour ago, 808 said:

Hey, everyone. Currently, I have two separate I-130 petitions in the USCIS stage: one for my spouse and one for my stepchild. In preparation for the NVC stage, I've been reading about Form I-864 so that I'll understand how to complete it correctly. I've read the I-864 instructions several times, and I've spent hours searching the VJ forums. However, I still need clarification about my specific situation. 

 

SUMMARY

 

1. I've filed separate I-130 petitions for my spouse and my stepchild, which are both in the USCIS stage.
2. My spouse and I have one biological child together, who was born abroad and lives with my spouse.
3. Our second biological child will be born soon under the same circumstances.
4. Separate CRBA filings will be made for each of our two biological children after the second is born.
5. Our first biological child doesn't have a SSN yet and couldn't be claimed on my 2017 tax return. 
6. I'll use a joint sponsor in order to meet 125% of the poverty guideline for my state.
7. The joint sponsor lives in a different state with a lower poverty guideline.

 

HOUSEHOLD CALCULATIONS

 

According to the instructions, I'm required to file separate I-864 forms for my spouse and my stepchild since I filed separate I-130 petitions for each of them. The following text is from page 4 of Form I-864 followed by my attempt at the household calculations. I've included questions in the calculations where clarification is needed. By the time that I need to submit Form I-864 to the NVC, our second biological child is expected to be born. That's why I've included our second biological child in certain household calculation questions. Please let me know what the correct household calculations should be on each form.

 

FORM I-864 — PAGE 4

 

Part 5. Sponsor's Household Size
NOTE: Do not count any member of your household more than once.

 

Persons you are sponsoring in this affidavit:
1. Provide the number you entered in Part 3., Item Number 28. _____

 

Persons NOT sponsored in this affidavit:

2. Yourself. _____
3. If you are currently married, enter "1" for your spouse. _____
4. If you have dependent children, enter the number here. _____
5. If you have any other dependents, enter the number here. _____
6. If you have sponsored any other persons on Form I-864 or Form I-864 EZ who are now lawful permanent residents, enter the number here. _____
7. OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here. _____
8. Add together Part 5., Item Numbers 1. - 7. and enter the number here. _____

 

FOR SPOUSE

 

PETITIONER FORM I-864
1. — 1 (Spouse Beneficiary)
2. — 1 (Petitioner)
3. — If I enter "1" for my spouse, she would be counted twice since she's the same person being sponsored. Should I enter "0" instead?
4. — Should I enter "3" (stepchild + two biological children) or "0" since none of them could be claimed on my 2017 tax return?
5. — 0
6. — 0
7. — 0
8. — (Depends on the correct answers above.)

 

JOINT SPONSOR FORM I-864
1. — 1 (Petitioner's Spouse Beneficiary)
2. — 1 (Joint Sponsor)
3. — 1 (Joint Sponsor's Spouse)
4. — 0
5. — 0
6. — 0
7. — 0
8. — 3

 

FOR STEPCHILD

 

PETITIONER FORM I-864
1. — 1 (Stepchild Beneficiary)
2. — 1 (Petitioner)
3. — 1 (Petitioner's Spouse)
4. — Should I enter "2" (two biological children) or "0" since none of them could be claimed on my 2017 tax return?
5. — 0
6. — 0
7. — 0
8. — (Depends on the correct answer above.)

 

JOINT SPONSOR FORM I-864
1. — 1 (Petitioner's Stepchild Beneficiary)
2. — 1 (Joint Sponsor)
3. — 1 (Joint Sponsor's Spouse)
4. — 0
5. — 0
6. — 0
7. — 0
8. — 3

 

OTHER QUESTIONS

 

1. My family will live with me in my state of residence, which has a higher poverty guideline than the state where the joint sponsor lives. Which state will the joint sponsor be required to meet the financial requirements for: his state of residence or my state of residence? 

 

2. On page 12 of the I-864 instructions, it states:

 

"If the first joint sponsor completes Form I-864 for some rather than all the family members, a second qualifying joint sponsor will be required to sponsor the remaining family members. There may be no more than two joint sponsors. A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor."

 

It's my understanding that only one joint sponsor is allowed. Does the above instruction allow the possibility for one joint sponsor to sponsor my spouse and a second joint sponsor to sponsor my stepchild? That's not what I intend to do, but I'm wondering if the instructions allows for such scenarios.

The instructions tell you to count all your unmarried children under 21 no matter where they live.  Don't count the intending immigrant twice on any affidavit, so yes, enter 0 for spouse on spouse affidavit and one less child on step child's affidavit.  Joint sponsor counts their own household size plus only the intending immigrant on each affidavit.  

 

Yes, you can have a separate joint sponsor for each immigrant.  One joint sponsor per immigrant in this context.  However, if the joint sponsor is married filing a joint tax return, the spouse is a family member providing an I-864a whether they have income or not.