I-864 versus I-864a

[KJ2 230]

Hello,

 

I am aware of the definitions listed as to when you can use the I-864a.  In my case, I can definitely use my father who lives with me as a co-sponsor and he can fill out the I-864a.  My question is not whether he can use the I-864a, but rather can we choose not to pool our income and we can both fill out a separate I-864?  I am a student so my income is not sufficient, however he has more than enough income to provide sponsorship on his own.  I don't know if there is a penalty for not using the I-864a if it applies and if we can choose to both file I-864 separately since in a few months I will be moving out and graduating anyway.  Thanks.

[Thegirl 225]

It doesn't make a difference ether way. If you are living in the same house but not really being fully dependent on your father, you can both file i-864. If he claims you on taxes he has to use the i-864a because you're a dependent. Even if you are able to make more money later, the i-864/I-864a still requires him to take financial responsibility for you. 

 

The only problem I foresee is NVC just deciding based on address that you are part of the same household and issuing an RFE for the i-864a. So In that case it might make sense to just use it since there's really no difference in responsibilities based on which you fill out. 

[KJ2 230]

On 1/30/2019 at 12:41 AM, Keas said:

It doesn't make a difference ether way. If you are living in the same house but not really being fully dependent on your father, you can both file i-864. If he claims you on taxes he has to use the i-864a because you're a dependent. Even if you are able to make more money later, the i-864/I-864a still requires him to take financial responsibility for you. 

 

The only problem I foresee is NVC just deciding based on address that you are part of the same household and issuing an RFE for the i-864a. So In that case it might make sense to just use it since there's really no difference in responsibilities based on which you fill out. 

thank you!

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,966]

On 1/29/2019 at 11:41 PM, Keas said:

It doesn't make a difference ether way. If you are living in the same house but not really being fully dependent on your father, you can both file i-864. If he claims you on taxes he has to use the i-864a because you're a dependent. Even if you are able to make more money later, the i-864/I-864a still requires him to take financial responsibility for you. 

 

The only problem I foresee is NVC just deciding based on address that you are part of the same household and issuing an RFE for the i-864a. So In that case it might make sense to just use it since there's really no difference in responsibilities based on which you fill out. 

It actually DOES make a difference.  The I-864a is used when combining income or filing joint tax returns with a household member.  Neither applies here, as the parent qualifies on their own.  If they NEEDED to combine income, then the I-864a would be the way to go.

 

Being claimed as a dependant has NOTHING to do with which form is applicable.

Edited February 3, 2019 by pushbrk

[Thegirl 225]

I-864a is not only for combining income. If they share households you use the i-864a even if the household member's( cosponsor) income alone is sufficient. Point being the petitioner needs to decide how many persons he wants to count in his household, If he'll count the dad or not. 

 

I-864a contact between household member and sponsor regardless of whether they are combining incomes or if only the household members income alone is being used. 

If his dad claims him he is automatically part of his household since they share the same residence and would need to use i-864a

 

Edited February 3, 2019 by Keas

[NikLR 13,227]

15 hours ago, Keas said:

I-864a is not only for combining income. If they share households you use the i-864a even if the household member's( cosponsor) income alone is sufficient. Point being the petitioner needs to decide how many persons he wants to count in his household, If he'll count the dad or not. 

 

I-864a contact between household member and sponsor regardless of whether they are combining incomes or if only the household members income alone is being used. 

If his dad claims him he is automatically part of his household since they share the same residence and would need to use i-864a

 

Not really.  Even if Dad claims him as a dependent on his taxes he could still use an I-864 vs I-864a.  The dad would just have to mark down on his I-864 one more household member. 

[pushbrk 12,966]

5 hours ago, NikLR said:

Not really.  Even if Dad claims him as a dependent on his taxes he could still use an I-864 vs I-864a.  The dad would just have to mark down on his I-864 one more household member. 

Correct.  There is a difference between being required to use a form and being allowed to use the form.  Allowed, will be determined by the Consular Officer.  Consular officers want sponsors with sufficient income to provide an I-864, not the I-864a.

 

While it is correct, that the I-864a is not ONLY for combining income, it would only be used by the father in this case if there is a need to combine income.  As I stated, it is for combining income OR for a joint filing spouse, whether they have income or not.  Keas is simply incorrect on both the form's use in this case AND in the assertion that claiming the petitioner on their taxes forces the use of the I-864a.  It technically "allows it", not requires it, and it is still not a good idea, UNLESS they NEED to combine income to qualify.