What is the process of completing the Forms I-864 & I-864A

[Rsul96 2]

So, I've already paid my fee for choosing an agent, that's not an issue. I haven't yet paid the fee for DS-260 but I have filled out and completed a Form I-864 and I-864A that I've printed up from the internet. I've also received my second NOA.

 

However, after some research online I've found that the NVC is supposed to mail me something in the mail that contains a form I-864? Is this correct or is it acceptable to fill out the ones I printed from their website?

 

I'm also a bit confused about when and where I send in these forms. Do I send them after all fees are paid? Can I send them now? I'm very confused.

[aleful 1,905]

no

 

they're not going to mail you anything, they give you the instructions to download it and fill it out, they won't mail you the i864

 

if you already paid the $120, you can send it

 

 

 

 

[Rsul96 2]

1 minute ago, aleful said:

no

 

they're not going to mail you anything, they give you the instructions to download it and fill it out, they won't mail you the i864

 

if you already paid the $120, you can send it

Okay, thank you.

 

I've got a few other questions as well, if you can help I'd be forever greatful.

 

My parents file taxes jointly and I'm using my mother's income alone as a joint sponsor. Do I include their joint 1040 and my mother's individual W-2 as proof of her individual income in this circumstance?

 

Another question. Form DS-260 cannot be completed until the IV fee is paid, correct? And does it matter which order I send the paperwork/pay the fees/complete DS-260 in? For example, can I complete DS-260 and pay the IV fee, then send my paperwork?

 

Also, what is this AoS package, IV package, and I-864 package that VisaJourney has listed in the timelines? This is what is causing concern because it seems as if there's something missing from my application.

 

It says I should be sending an AoS package and IV package but I have no idea what these packages are. Do these refer to the electronic DS-260 (IV package), and the Form I-864 & I-864A (AoS package) or am I missing something entirely?

[ms_bobdog 501]

4 minutes ago, Rsul96 said:

Also, what is this AoS package, IV package, and I-864 package that VisaJourney has listed in the timelines? This is what is causing concern because it seems as if there's something missing from my application.

 

It says I should be sending an AoS package and IV package but I have no idea what these packages are. Do these refer to the electronic DS-260 (IV package), and the Form I-864 & I-864A (AoS package) or am I missing something entirely?

You need to study the NVC guide available on this forum. 

[pushbrk 12,977]

And the I-864 instructions are critical.  You'll provide an I-864 as the primary sponsor, then another from one parent and an I-864a from the joint filing spouse of that parent.

[Rsul96 2]

5 hours ago, pushbrk said:

And the I-864 instructions are critical.  You'll provide an I-864 as the primary sponsor, then another from one parent and an I-864a from the joint filing spouse of that parent.

Only one parent is going to be using their income to meet the requirements. My mother. My father will not be using his income.

 

So do I do an I-864 and my mother does an I-864A?

[pushbrk 12,977]

6 hours ago, Rsul96 said:

Only one parent is going to be using their income to meet the requirements. My mother. My father will not be using his income.

 

So do I do an I-864 and my mother does an I-864A?

Yes, that is the best practice.  It's not who is "using their income" that is the issue.  They are both going to be "obligated" by the contract in the I-864 because they are married and because they file taxes jointly, the past income section on both their forms will show the total of both incomes from line 22 of their jointly filed 1040.  Study those instructions, read the form itself, all of it and make sure both parents read the contract they are signing.  The contract may sound daunting but if they can and should trust you and your spouse to support each other financially, they have nothing to worry about.

[Rsul96 2]

2 hours ago, pushbrk said:

Yes, that is the best practice.  It's not who is "using their income" that is the issue.  They are both going to be "obligated" by the contract in the I-864 because they are married and because they file taxes jointly, the past income section on both their forms will show the total of both incomes from line 22 of their jointly filed 1040.  Study those instructions, read the form itself, all of it and make sure both parents read the contract they are signing.  The contract may sound daunting but if they can and should trust you and your spouse to support each other financially, they have nothing to worry about.

Perfect, that's great. To be clear, I would file I-864 and my mother would file I-864A correct? I'm a bit confused because someone else said my mother and I would both file I-864 and my father would file I-864A but we're not using his income thus he's not a sponsor so the protocol here seems a little unclear. I'm going to read through this guide as well as the instructions for completing both forms and the forms themselves once again as well but any further clarifications would be greatly appreciated.

[pushbrk 12,977]

3 minutes ago, Rsul96 said:

Perfect, that's great. To be clear, I would file I-864 and my mother would file I-864A correct? I'm a bit confused because someone else said my mother and I would both file I-864 and my father would file I-864A but we're not using his income thus he's not a sponsor so the protocol here seems a little unclear. I'm going to read through this guide as well as the instructions for completing both forms and the forms themselves once again as well but any further clarifications would be greatly appreciated.

No.  You are not combining income with your mother.  You file the I-864 as petitioner.  Your mother files I-864 as joint sponsor and her spouse files I-864a as a household member.

 

[Rsul96 2]

7 minutes ago, pushbrk said:

No.  You are not combining income with your mother.  You file the I-864 as petitioner.  Your mother files I-864 as joint sponsor and her spouse files I-864a as a household member.

 

If we use the past 3 tax years on my mother's I-864 would we be required to do the same on the I-864A? As for proof of relationship for the joint sponsor, wouldn't it be proof enough that they're filing taxes as a married couple or would I need some additional evidence of their marriage?

Edited April 30, 2018 by Rsul96

[pushbrk 12,977]

57 minutes ago, Rsul96 said:

If we use the past 3 tax years on my mother's I-864 would we be required to do the same on the I-864A? As for proof of relationship for the joint sponsor, wouldn't it be proof enough that they're filing taxes as a married couple or would I need some additional evidence of their marriage?

No other evidence of marriage, but you will need to provide evidence they are citizens.  A photocopy of birth certificate or passport data page will do nicely for that.

[Rsul96 2]

5 hours ago, pushbrk said:

No other evidence of marriage, but you will need to provide evidence they are citizens.  A photocopy of birth certificate or passport data page will do nicely for that.

Okay perfect! Got a photocopy of the birth certificate although my mother's Birth certificate isn't in perfect condition... It survived a house fire about 30 years ago. Still legible and all that though.

 

Thank you for all your help!

[pushbrk 12,977]

16 minutes ago, Rsul96 said:

Okay perfect! Got a photocopy of the birth certificate although my mother's Birth certificate isn't in perfect condition... It survived a house fire about 30 years ago. Still legible and all that though.

 

Thank you for all your help!

You need a birth certificate for Mom and another for Dad.  

[Rsul96 2]

28 minutes ago, pushbrk said:

You need a birth certificate for Mom and another for Dad.  

Perfect! Shouldn't be an issue at all.

[Rsul96 2]

16 hours ago, pushbrk said:

You need a birth certificate for Mom and another for Dad.  

Okay this won't be an issue.

 

Quick question. When filling out Part 5 of the I-864 for myself. When I get to part 7, what exactly do I enter if I'm using only my mother's income but they filed joint taxes?

 

Do I enter 0, and have my mother put 1 on her I-864 and have my father fill out an I-864A with hers? Do I enter 2, and have them both fill out I-864A and my mother also fills out an I-864?